24 Oct Do I Need A Personal Injury Lawyer?
If you’ve been injured in a car accident, you may be wondering “do I need a personal injury lawyer”?. The answer depends on the severity of your injuries, the circumstances of your accident, and other factors.
If you’ve suffered serious injuries, or if your accident was caused by someone else’s negligence, it’s important to talk to an attorney about your legal options. A personal injury lawyer can help you recover compensation for your medical bills, lost wages, and pain and suffering.
Even if you’re not sure whether you need a lawyer, it’s a good idea to speak with one after an accident. An experienced personal injury attorney will be able to evaluate your case and advise you on the best course of action.
In this post, we will look at what a personal injury lawyer does and when to hire one.
What does a personal injury lawyer do?
A personal injury lawyer is a type of lawyer who provides legal representation to people who have been injured in a car accident as a result of the negligence of another driver.
Hiring a personal injury lawyer is important:
- To ensure you receive fair compensation. If you try to negotiate with the at-fault party’s insurance company on your own, you may not end up receiving all of the money you’re entitled to. A personal injury attorney will fight for your rights and work to get you the maximum amount of compensation possible.
- To avoid being taken advantage of. Insurance companies are in the business of making money, not paying out claims. They will likely try to lowball you or offer a settlement that is much less than what your case is actually worth. An experienced personal injury lawyer will know how to handle these tactics and get you the money you deserve.
- To put all the pieces together. After an accident, there are often many different medical bills, police reports, witness statements, and other documentation that needs to be gathered and reviewed.
This can be a daunting task for someone who is already dealing with injuries and trying to recover from the accident. A personal injury attorney will have staff members who can handle this paperwork so that you can focus on your recovery.
- To protect your rights. Every state has laws governing how personal injury cases must be handled, and these laws can be complex and confusing. A lawyer who specializes in personal injury law will
When should you hire a personal injury lawyer?
You may need a personal injury lawyer in California if you have been injured due to someone else’s negligence.
Here are the instances when it is crucial to hire a personal injury lawyer:
You have suffered severe injuries
If you were recently involved in an accident and believe that your injuries are minor, you may want to reconsider hiring a personal injury lawyer. Many people who believe their injuries are minor end up with long-term or permanent damage that could have been avoided with legal counsel.
Some common “minor” injuries that turn out to be much more serious include:
Traumatic brain injury: This is a type of brain injury that can occur when the head is suddenly and violently jarred, such as in a car accident. Symptoms of a TBI can include headache, dizziness, nausea, confusion, memory problems, and sleep disturbances that may or may not appear immediately following the accident.
The long-term effects of a TBI can be devastating. Many people who suffer from TBIs never fully recover and must cope with lifelong physical and cognitive impairments. If you have suffered a TBI in a car accident caused by another driver’s negligence, you may be entitled to compensation for your medical expenses, lost wages, and pain and suffering. An experienced personal injury attorney will fight for the compensation you deserve by gathering and presenting proof of the consequences of your injuries.
Whiplash: This neck injury is often caused by car accidents and can result in chronic pain, limited mobility, and even paralysis.
This neck injury is often caused by car accidents and can result in chronic pain, limited mobility, and even paralysis.
Broken bones: While broken bones may seem like a simple injury, they can lead to lifelong complications if not properly treated. Broken bones can also take a long time to heal, which can impact your ability to work and enjoy your life.
While broken bones may seem like a simple injury, they can lead to lifelong complications if not properly treated. Broken bones can also take a long time to heal, which can impact your ability to work and enjoy your life.
Internal bleeding: If you’ve suffered any kind of blunt force trauma, it’s important to be checked for internal bleeding. This type of injury can be very dangerous and even fatal if not treated promptly.
It is not clear where liability lies
If the other driver is clearly at fault for the accident, you may want to consider hiring a personal injury attorney. An attorney can help you recover damages from the other driver’s insurance company, including medical expenses, lost wages, and pain and suffering. In some cases, an attorney can also help you recover punitive damages from the other driver.
If the other driver does not have insurance or if their insurance company denies coverage, you may not be able to recover any damages from them. In this case, an attorney may still be able to help you recover damages from your own insurance company through a process known as subrogation.
However, in some cases, multiple parties may be held responsible for an accident, and it can be difficult to determine who should be held accountable.
There are many instances in which a third party may be held liable for a car accident personal injury claim.
Government or road maintenance company
For example, if the accident was caused by a defective road or defective vehicle, the government or road maintenance company may be held liable.
Another example would be if a pothole in the road causes your car to swerve and crash into another vehicle, the government may be liable for your personal injuries. Similarly, if a construction company leaves debris on the road and you are involved in an accident as a result, they may also be held liable.
Car owners
In cases where the at-fault driver is a minor or is not the owner of the car, the actual car owner may be held liable.
Called “negligent entrustment” this typically occurs when a person loans their car to another person who they know is not a safe driver, is intoxicated or is a minor.
To prove negligent entrustment, the plaintiff must show that the defendant knew or should have known that the person they entrusted the car to was not a safe driver.
Bars, restaurants, and liquor stores
If the accident was caused by a drunk driver, the bar or restaurant that served the alcohol may be held liable. Courts in California have ruled that bars and liquor stores can be held responsible when someone drinks at their establishment to the extent of being physically incapacitated leading to a car accident.
Employers
In California, employers are held liable for a negligent car driver causing a vehicle accident if the driver was acting within the scope of their employment at the time of the accident.
This means that if the driver was on the clock and driving for work-related purposes, their employer may be held responsible for any injuries they cause in an accident. Employers can also be liable if the negligent driver was using their own vehicle for work-related purposes and caused an accident.
However, if the driver was off the clock or not performing work-related duties at the time of the accident, their employer usually will not be held liable. There are some exceptions to this rule, so it’s always best to speak with a personal injury attorney if you’ve been involved in a car accident to determine who may be held responsible.
Ridesharing companies and independent contractors
In cases of Uber or Lyft accidents. the ridesharing company or the employer can claim the at-fault driver is an independent contractor and not an employee. This type of classification is common in rideshare companies and in the trucking industry.
While it is controversial, the drivers of rideshare companies such as Lyft and Uber classify their drivers as independent contractors and not as employees. This can make the process of obtaining the compensation you deserve, in case of a personal injury, quite complex.
Rideshare companies are required to maintain liability coverage of $1 million for any accidents that happen when the vehicles are transporting a passenger. When the driver is waiting for their ride, the coverage for personal injury is reduced to $100,000.
When the driver has switched off their app or is offline, the rideshare company will not provide any coverage for personal injury. In this case, the driver’s own liability coverage is supposed to cover the claims. In this case, if the driver does not have insurance or is inadequately covered, it becomes challenging to recover the damages that are owed to you.
Car maintenance and repair service providers
The car repair provider can be held responsible if they did a poor job causing the car to malfunction.
However, proving this can be a challenge as you need to gather evidence to show that the maintenance or repair services shop was at fault.
Manufacturers
Car manufacturers may be held liable for causing a vehicle accident in California if the accident was caused by a defect in the design or production. Product defects can range from tire blowouts, and brake failures, to software malfunction.
If the car manufacturer knew about the defect and did not fix it, they may be held liable.
If the car manufacturer did not know about the defect, they may still be held liable if the defect was something that should have been discovered during an inspection.
As you can see, in all these cases, the person claiming compensation needs to prove where the fault lies and who caused it.
An experienced personal injury attorney will work with you to gather evidence and build a strong case so that you can get the compensation you deserve.
They will also be able to help if there is any confusion about who is liable for the accident.
The insurance company is not willing to negotiate
When you’ve been in an accident, the last thing you want to deal with is your insurance company acting in bad faith. Unfortunately, this is a reality for many people.
It’s no secret that insurance companies are out to make a profit. They’re in the business of making money, not paying out claims. So when you’re injured in an accident and you need to file a claim with the insurance company, you’re going to need all the help you can get.
There are many ways that an insurance company might act in bad faith when it comes to claims in car accident personal injury cases.
One common way is by delaying the payment of benefits. This can be done by requesting additional information or documentation, which can take time to gather.
The insurance company may also stall in making a decision on the claim, which can cause further delays. Another common tactic is to deny coverage altogether, which can leave the injured person without the necessary funds to cover medical expenses and other damages. They may also:
- Fail to investigate your claim in a proper manner
- Make false accusations of your contributory negligence
- Ask for burdensome and unnecessary paperwork
- Misleading the victim intentionally as to their legal rights and insurance policy terms
- Offer you a low settlement.
- Drag their feet on returning your phone calls or responding to your emails.
- Be combative or uncooperative when you try to communicate with them about your claim.
That’s where a personal injury lawyer comes in. A personal injury lawyer is someone who specializes in dealing with insurance companies. They know the ins and outs of the system, and they know how to negotiate with the insurance companies to get you the maximum amount of compensation possible.
Get the best legal advice and support
No one ever wants to be involved in a car accident. But, when you are faced with the aftermath of an accident, it can be difficult to know where to turn or what to do next.
If you or a loved one has been injured in an accident in Yuba City, our skilled personal injury lawyers at the Law Offices of Steve Gimblin can help. We are knowledgeable and will fight with you – every step of the way whether it is a legal battle or an insurance negotiation. Contact us to know more about our services.
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